A RERA adjudicating authority directed refund of Rs.18,22,750 with interest without hearing the petitioner-builder. The High Court held this violated natural justice and quashed the order, remitting the complaint for fresh consideration after due notice.
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NC: 2024:KHC:30877 WP No. 1126 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2024 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 1126 OF 2024 (GM-RES)
BETWEEN:
M/S CONNAISSANCE ASSET SHOPPE INDIA P NO. 52/53, ANAM PLAZA 8TH F MAIN ROAD, 3RD BLOCK, JAYANAGAR, BENGALURU - 560 011 REPRESENTED BY MANAGING DIRECTOR L NAGARAJA SETTY AGED ABOUT 63 YEARS S/O MAKANUR LAKSHMAN SETTY
… PETITIONER
(BY SRI. RAMESHCHANDRA., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
… RESPONDENT
(BY SRI. R SRINIVASA GOWDA., ADVOCATE FOR R1 SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A AN ORDER PASSED ON THE 20TH SEPTEMBER 2023 IN COMPLAINT NO. CMP/UR/201112/0007054 FROM THE RERA ADJUDICATING AUTHORITY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
NC: 2024:KHC:30877 WP No. 1126 of 2024
ORAL ORDER
The respondent herein had filed a complaint under Section 31 of the RERA Act against the petitioner for the refund of money with interest. The 2nd respondent passed the impugned order directing the 1st respondent to refund a sum of Rs.18,22,750/- with interest as enumerated in the impugned order.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
VP
1 issue framed by the court
Whether a RERA adjudicating authority order passed without giving the petitioner an opportunity of hearing can be sustained.
2 provisions across 2 enactments
M/S Connaissance Asset Shoppe India represented by Managing Director L Nagaraja Setty
Sri V Kiran Kumar
RERA represented by G.R. Reddy, Bengaluru
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
